Los Angeles daily herald., 1887-04-26

: highway in such manner
to afford security for life and propert
but shall restore the same
its former state of usefulness.
This right or power il given to RAJ
roads, when they have obtained Il
'isht to enter the city, as provided |
section 40, Civil Code.
1t is under and by authority Of tl
general law that the Conncil acted.
/ is by the same authority that the raj
roads occupy the streets. There is I
direct or implied power in the Counc
to confer special rights.
Corporations in this State
must be formed under general law, an
can exercise no power excel
such as are conferred by these genera
laws. The Legislature cannot confe
upon such corporation any powers
grant them any privileges by special act
4S Cal, 493.
Alameda, San Fernando and Missio
streets are declared public streets. U
dinancss June |, 1869. March 3, lS7;
etc. In this State the fee of the street
of city, dedicated to public use, = i
the owners of adjoining land. In
power to control and regulate is in th
Council of the city, for the safety OF cit
izens and their property, and no Councl
can abrogate their powers aud dutle
over public streets or surrender any con
siderable portion of those powers ant
duties into the hands of private corpora
tions. The ordinance of October "a
1872, and endorsement of November 5
1872, by majority of the voters OF thii
city, obligating the city to give free
right of way through the city to tue
Southern Pacific Railroad Company does
no. affect the question under considera
lion. That action merely obligated the
city 10 pay any damages recovered
by property owners abutting on the
streets over which they constructed this
road or track. 1t gave no special rights.
IA railroad company has no title OF
interest in street, except mere ease.
ment in common with the general pub
l'c." Al Cal. 256.
Z. As to the streets hereinbefore men
toned, it is my opinion that the Coun.
Gil have full power, recognizing the ease.
ment of the railroad corporation over
the said streets for entering and depart.
ing from the city in operating this rail.
road, and may control the mode of pro-
pelling cars, prohibit the use of steam
power, and regulate the rate Of. speed,
allowing cars to run in on. There is no
for a railroad to construct
switches or side tracks on public street.
Alameda street south of the San Pedro
depot-September 6, 1872, the Council
gave the right OF way IN and out OF the
city over and upon Alameda
to locate its work or tracks as near the
center of said street as may be
The remainder of said road is held for
public use.
The easement is for the purpose OF en-.
tering and departing from the city. The
road is operated by a single line of
track. There is no authority for the
switch on Alameda street.
SAN PEDRO STREET.
The only track existing on San Pedro
street by authority would be one line of
track from the southern bou ndary of the
city to the L. A. & l. R. r. depot
grounds. the center line of track to be
parallel to the eastern line Of San Pedro
street, and distant twenty feet there.
from, said track constructed and main.
tanned as in the ordinance provided here
bas an authorized position in the street.
All other tracks, switches, etc., are OBJ
tructions.
deem it proper to here quote a
norton OF the opinion of Judge
Field in the case of the Baltimore
4 Ohio r. r. vs.. Fifth Baptist Church,
l0S!U. s. BIT. "The authority of the
company to construct such works as it
might deem necessary and expedient for
the completion and maintenance Ct its
road, did not authorize it to place them
wherever it might think proper without
IT ference TO the properly aud rights of
others. Whatever the extent
Of the authority conferred, it was &C.
by this implied qualification,
that the works should not be so placed
as by their use to unreasonably interfere
with and disturb the peaceful and COM
Portable enjoyment of Others in their
Grants of powers or privileges
to corporate bodies like those in ques.
,ion, confer no license to use them in
disregard of the private rights of others,
md with immunity for their invasion"
Respectfully.
j. C. DAILY,
City Atty Los Angeles City:
The City Attorney said that the City
Council could order the Superintendent
o remove the distractions. Anything
hey have got outside of their one liue of
,oad can be removed by the Superin.
;endent Of the public streets, as so much
,ord wood or old iron. He also suggest.
I'd several other measures which could
oe adopted.
On motion of Mr.. Frankenfield the
report on the bell was laid on the table.
Mr.. Teed moved that the Superinten-
leut of Streets be instructed to remove
the distractions on Alameda
street, and that the Chief of Police be
to furnish sufficient force to
protect the Superintendent and his force.
The motion was carried without dis
senting voice.
Mr.. Miller moved that it was the sense
Of the Council that the electric bell sys-
tern was failure as an alarm. Carried.
Mr.. Jone, moved that the railroad
be compelled to put iagmen at
The crossings. The motion was MOI
and Mr.. Hyans moved that a
of three be appointed to con.
Ter with the railroad company. Carried,
AID Messrs. Hyans, Frankenfield and
Collins were appointed as the conf
mittee. ts
Mr.. Jones said that the committee
ought to be empowered to do something.
Moved and carried that the committee
report at special meeting of the Coun-
ill. to be held on Thursday afternoon.
THE KUHRrs STREET BRIDGE.
To the Honorable Council Of the City Of
Los Angeles:
Your Committee to whom was refer.
red the matter of the Kuhrts street
bridge, beg leave to report. Upon ex
aiming the records of the proceedings
of the Council, your Committee find that
on the 10th day OF January OF this year,
the city through its authorized agent,
for proposals for the con.